Shri Ram Sagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45811 of 2018 Arising Out of PS. Case No.-29 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Shri Ram Sagar Singh retired Panchayat Sewak Gram Panchayat Raj Paswauni Raisee S/o Late Rajendra Singh, R/o Vill.- Malpur Chak Hazrat, P.S.- Sakra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sahebganj P.S. case no. 29 of 2017 instituted for the offence under Section(s) 406, 420, 504 and 409 of the Indian Penal Code.

In the written report, it is alleged that the petitioner has retired as Panchayat Sachiv on 19.8.2016. He has not handed over charge.

Learned counsel for the petitioner has submitted that this case has been filed because of misunderstanding. He has already handed over charge on 19.8.2016 and no objection certificate was also issued by the office of the B.D.O. on 5.6.2018. The charge list(s), and N.O.C. issued by the office of B.D.O. Sahebganj have been annexed as Annexure(s)- 2, 3, 4 and 5

Patna High Court Cr.Misc. No.45811 of 2018(2) dt.13-08-2018 2/2 respectively.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sahebganj P.S. case no. 29 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-cum SubJudge, 1st, West, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T